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Local government of the Italian Social Republic
The local government of the Italian Social Republic is a centralized system of territorial administrative governance, structured on two main levels: Municipality and Province, in addition to the Governorate of Rome and the Administrative Region, which has primarily intermediate coordination functions. Between these two Levels there are also two other intermediate levels (District and Mandment) which do not have administrative autonomy, as both Municipality and Province have, but are only operational sub-units of the Province; below the Municipality level, and only in major cities, there is also the Borough level, which exists in order to decentrate some Municipal functions. Administratively, the Republic is divided into 110 provinces, and each province is divided into municipalities. These are 8,209. Both the Province and the Municipality have their own government bodies, but they are subject to the surveillance of the Prefect, who acts as Government representative within the Province and for both the Province itself and all provincial municipalities. In order to keep the lower bodies in line with National policies and political will, the Prefect is empowered to watch over all administrative activities carried out by Province and Municipalities, although he can adopt and enact "prefectorial" administrative activities outside public safety and security only when required by urgent circumstances. The only exception to the double action-and-control sytstem lies within the Governorate of Rome, which is directly supervised by the Ministry of Interior, as its Governor also holds the Prefecture of the City of Rome. Municipality All municipalities (It: Comuni), except the city of Rome, are administered by a Podestà, assisted by a Municipal Consultative Council. With the establishment of the Podestà the Municipality, while retaining the administrative capacity and autonomy, and maintaining its legal personality, lives and works in harmony with the general interests of the nation and with the directives of the Government. The concept of Podestà respects the municipal autonomy: the Municipality - lower intermediate body - in this way can not claim a willingness different from the higher body, which is the Nation. There are four dimensional classes: * up to 5,000 inhabitants: Podestà * from 5,001 to 20,000 inhabitants: Podestà + 1 Vicepodestà * from 20,001 to 100,000 inhabitants: Podestà + 1 Vicepodestà + Municipal Consultative Council (mandatory; appointed by Prefect) * more than 100,001 inhabitants: Podestà + 2 Vicepodestà + Municipal Consultative Council (mandatory) Podestà The executive functions of the Municipality are assigned to a single organ, the Podestà, appointed by Decree of the Duce on proposal of the Minister of Interior, for five years but revokable at any time. In Municipalities with more than 5,000 inhabitants the Podestà can be assisted by one or two Vicepodestà, according to which the population is up to or more than 100,000 inhabitants, appointed in the same manner. The Podestà, as traditional distinctive insignia, wears the tricolour scarf with the RSI coats of arms, worn over the right shoulder, with the green stripe toward the neck. Consultative Council The Podestà is assisted by a Municipal Consultative Council (It: Consulta Municipale), consisting of at least 6 Councillors, appointed by the Prefect or, in major cities, by the Minister of the Interior, in an advisory capacity on certain matters specified by the law and on all other matters that the Podestà decides to submit them. Consultative Councils are appointed by the Prefect - representative of the Ethical and Corporate State - on the basis of indications from the provincial Corporations according their strenght; there must be as many workers as many undertakers. Each Corporation suggests three names for each post that can have. Candidates aof non-profit organizations and associations that pursue national culture, education, support and propaganda are added to Corporations. The Municipal Council is mandatory in Municipalities with populations over 20,000 inhabitants, while in other Municipalities it is established when the Prefect deems possible establish such a body. Province The province is a territorial local authority whose territory includes more Municipalities. The Province is characterized by a partial diarchy between the Provincial Dean (in turn often an emanation of the Party's Federal Secretary) and the Prefect. Rectorate The Rectorate (It: Rettorato) is the active administration provincial collegial body, composed of the Provincial Dean (It: Decano Provinciale) and of Rectors: administratively, it identifies itself with the Province. The Dean and the Rectors are appointed by Decree of the of the Duce on the proposal of the Minister of the Interior for the duration of 5 years. The Rectorate is composed of 10 members in the provinces with more than 600,000 inhabitants; 8 in those with more than 300,000 inhabitants; 4 in the other ones. The Rectorate deals with all the administrative interests of the territory which does not fall within the specific competence of other bodies. Moreover, the Rectorate has to give his opinion on matters which it is required by the Prefect for, as well as on the affairs for which it is required by law. Resolutions must be adopted by an absolute majority of votes, equal number of votes the vote of the President, for their validity at least half of the rectors must be present, and, finally, the resolutions must be published in the praetorian register. The Rectorate for serious reasons of public order or administrative order may be suspended or terminated by the Decree of the Prefect of the Duce on the proposal of the Minister of the Interior. In this case, the administration of the province was entrusted to a Special Commissioner of the Rector and the recovery must take place within two years. The Prefect can participate in Rectorate sessions, which are not public, or be represented. The office of Rector is free. Rectors, before being put into operation, must, as the Dean and Vice Dean, take an oath before the Prefect. After five years Rectors can be confirmed: they decay, however, from their office, if without good reason they do not intervene into three consecutive sessions. The decay is declared with the Decree of the Duce on the proposal of the Minister of the Interior, after contesting the grounds with the concerned Rector. Prefect The Prefect hierarchically depends on the Minister of the Interior, but the Chief of Government and the Duce of the Republic may issue appropriate directives to the Prefects. At each Province, the local Prefect is the political agent, and is in charge of a Prefecture: Prefects take all the initiatives that they return to the glory of the Regime and hence increase its power and prestige in the social order as much as in the intellectual field. The problems that beset the population at a given time must be dealt with by the Prefects. As political agents and representatives of the national political chief, the Prefect and the Prefecture are passive administration bodies, i.e. they merely control and authorize active measures. The Prefecture is a peripheral organ of the Ministry of the Interior, but performs general functions through five Divisions and some other offices and bodies. Each prefecture is assigned Vice-Prefects and Additional Vice-Prefects, in charge of the organizational units (Cabinet Office, Divisions, etc.), as well as several officials of lower rank. The Vice-Prefect Vicar is assigned the vicar functions to the Prefect: he ensures the coordinated operation of the administrative offices of the State and guarantees the sincere cooperation of local authorities. The Prefect may order the adoption of measures to prevent serious harm to the citizens. In addition, if they are not taken within the time specified, the Prefect, with the approval of the Minister responsible for the matter, can provide directly, having notified the Chief of Government. Public Security and public safety duties As Authority Provincial of Public Security, the Prefect is responsible for public order and security in the province, and directs the implementation of directives adopted in the field, ensuring unity of direction and coordination of tasks and activities of the officers and agents of public security. Finally, he manages the police force and other forces may be placed at its disposal; the Quaestor hierarchically depends on the Prefect. The Prefect also has responsibilities in the field of civil protection. He prepares the plan to deal with the emergency on the whole territory of the province, and ensures the implementation, assuming the unified management of the emergency services to be activated at the provincial level, directing the activities of the Podestà of the municipalities concerned, and takes all necessary measures to ensure first aid. The prefect has the power to adopt urgent measures in order to prevent and eliminate serious threats to public safety, public security or public order. Although the vast majority of the activities related to public security are carried out by the provincial Questura, the Prefect still retains some specific tasks, which are operationally carried out by the Sixth Division. Local authorities surveillance Along with his ordinary surveillance functions carried out by the Provincial Administrative Board, the Prefect under serious circumstance can intervene against Municipalities and Provinces. With regard to the powers of control of the local authorities, the Prefect may suspend from office Provincial Deans, Rectors, Podestà and Councillors, when they do acts contrary to the Constitution or for serious and persistent violations of law or serious reasons of public order, waiting for the Minister of the Interior has their removal. He may initiate the procedure for the dissolution of the municipal or provincial council and sending a commissioner and suspend the Board. The Prefect may also require inspections to ensure the smooth operation of services pertaining to the Podestà as government official and, if the Podestà fails to fulfil its duties, may appoint a commissioner for the performance of duties. The functions of the Special Commissioner are carried out by officials of the prefectorial career. The grounds of public order or political reasons manifest when the local authority encroaches on its powers and changes the care of the interests of local territory into political demonstrations, thus impeding or prejudicing the State action. The reasons of administrative nature occur when the local authority infringes, repeatedly and systematically, the obligations imposed by law, in order to become a government body that does not work or which works illegally. Provincial administrative board The Provincial Administrative Board (It: Giunta Provinciale Amministrativa, GPA) is a collegial body of the state. It has very important functions, which include: * Review of the legality and merit (the so-called "protection") on the acts of the province, municipalities, municipality associations and institutions of public welfare and charities; * Functions of the administrative judge for complaints against administrative decisions of these bodies. The Board consists of: * The Prefect, who presides; * Two officials ranking Prefecture Councillor or Sectional Director (Prefectorial), designated by the Prefect at the beginning of each year; * The Intendant of Finance; * The Chief Accountant of the Prefecture * The Inspector Provincial * Four members and two reserve members appointed by the Federal Secretary of the National Fascist Party. Judicial functions Decisions of the Provincial Administrative Board possess a judicial nature. It has the power to decide on complaints that are not of jurisdiction of the ordinary court and do not belong to the jurisdiction or powers of contentious special bodies or colleges. In addition, the Board has exclusive jurisdiction over certain disputes, expressly and exhaustively listed in matters concerning individual rights and legitimate interests. Among these responsibilities, those, the most important subject is the relationship of the public sector, with limited jurisdiction generally to errors of law, extended the merits in cases of dismissal, removal and suspension from the role of seniority. Administrative functions The function of the supervision exercised by the provincial government administration is to control the acts of the institutions subject to supervision, a control form which consists of a penetrating examination of the act under investigation, both in terms of the legitimacy and of merit. The Provincial Administrative Board is the surveillance and monitoring body for the administrative acts of municipalities, provinces and municipal and provincial associations, and acts subject to control are the resolutions of the governing bodies of local authorities. The control of the Provincial Administration is special: i.e., it concerns only the resolutions expressly provided by law. In particular, resolutions subject to Board control are those concerning: * Building, hygiene, local police, use of municipal assets regulations; * Organic Regulations containing establishment of offices and services (as well as the legal and economic status of the personnel); * Land use plans; * Direct taking of public services and the opening of community pharmacies; * Changes in the classification of roads and projects for the reconstruction and the opening of the same , * Application of taxes and the related regulations; * Budget and appropriations from one category to another when the appropriation refers to optional expenses; * Mandatory expenditure budget for over five years. Cabinet and Divisions The bulk of the Prefecture consists of the seven hearth offices: the Cabinet and the Divisions (1st to 6th). They deal with the vast majority of the affairs the Prefecture has to deal with and provide support to the other main offices, such as the Council of Prefecture or the Provincial Administrative Board. The Cabinet of the Prefect is the Prefect's staff, coordinated by a Chief of Cabinet; it is in direct collaboration with the Prefect and assists him in the exercise of his own functions, too detailed and complex to be carried out without high level assistance. The Cabinet is responsible for handling confidential affairs, secretarial issues, economic affairs, labour disputes and control of local authorities. The Chief of Cabinet is generally a Vice-Prefect; sometimes is a Vice-Prefect Inspector or, in very small Prefectures, an Additional Vice-Prefect Inspector. The first division, as well as dealing with affairs not allocated to other divisions, is responsible for administrative matters (such as acts of citizenship and personal), order services (related, usually, to the Archive, the library and to the Copy Office), consumption tax of the municipalities and religious affairs (exequatur for the bishops, placet for appointments and transfers of priests etc.) and support to the Council of Prefecture. The second division has jurisdiction in matters of local government (protection and supervision) and control of the affairs of charities and assistance institutions. These duties involve the responsibility of overseeing the work of the local Party leaders and local administrators, who are often the emanation of the early ones. Therefore, the Second Division is entrusted to officials often more determined and less prone to having fear of political backlash. On the other hand, the Party constantly exercises its influence in order to influence the appointment of the Chief of the Second Division or, at least, of the officials assigned. The third division is responsible for hygiene and health, while the fourth division collects and deals with all matters relating to public works, the roads, the railways, the post office, the telegraphs and telephones and land reclamation. In these areas, the prefecture is flanked, from the technical point of view, by the offices of Civil Engineering Corps. Money flows that are affected by the fourth division make this Division the second most important one, after the second division. The fifth division is dedicated to manage organically peripheral services in the field of both health care and social assistance; finally, the 6th Division deals with public security affairs which are not carried out by the Questura. This Division is subdivided into ten offices: private investigators; private security guards (licenses and authorizations) and MVSN Legionnaires (licenses and authorizations); firearms licenses (other than those issued by the police) and appeals against police decisions; other authorizations and ship traffic management; fires and explosives; bouncers (authorizations); elevator operators (authorizations); counsel support. Management bodies Below the Provincial level, the State administration has two intermediate bodies, which act as mere organizational tools: the Administrative District and the Sub-district. The Administrative District (It: Circondario Amministrativo) is an intermediate body between the Province and Sub-district. The district capital city is home to Subprefecture, to the Court, to Land Registry and financial offices. The District is in turn divided into Subdistricts. The Subdistrict (It: Mandamento) is an administrative boundary, intermediate body between the District and the Municipality. It is home of the Praetor (It: Pretore), which is a multi-purpose official whose duties range from limited value civil litigations, to labour litigations and some minor administrative trials, all of them only in first instance. Subprefecture The Subprefecture (It: Sottoprefettura) is the decentralization management body of the Prefectures. They are located in every Administrative District capital, with the exception of provincial capitals, where their specific tasks are carried out directly by the Prefectures; as decentralized bodies of Prefectures, also Subprefectures are subordinate to the Ministry of the Interior. The Subprefectures are located in major towns far from the provincial capital. The Subprefecture is the district executor of the Prefect's orders, and its main task is to monitor the political, economic and social environment and transmit information to the Prefect. The Subprefecture has the delegated task of supervision and protection of the local authorities of the district outside of the acts of the GPA. The Subprefecture presides in the district, all procedures relating to conscription and directs, where necessary, the intervention of the armed forces for the service of public security, upon order or authorization of the Prefect. Finally, it supports the Prefecture in the surveillance of public institutions and charities and carries out the functions that may be delegated by the prefect, except those which require the intervention of the Provincial Administrative Board. The Subprefecture also takes care of the preparatory phase of acts that would then be submitted to the decision of the prefect or of the Provincial Administrative Board. From an organizational point of view, the subprefectures are poorly articulated and are composed of the Subprefect and some secretarial employees belonging to the roles of the Ministry of the Interior. The Subprefect is chosen from among the Prefecture Councillors or Sectional Directors (Prefectural) and is appointed by Government decree on the proposal of the Ministry of Interior. In addition to the normal fees, the Subprefect is entitled to free accommodation and a modest representation allowance. In addition, he can not be prosecuted for acts performed in the exercise of his functions except by authorization of the Duce. The Subprefect is also, in the district, a political and public security authorities, supervising Detached Commissiarats of Public Security. Administrative Regions Italy is divided into 21 administrative regions (Italian: Regioni Amministrative). Administrative Regions are each further subdivided into Provinces, ranging in number from 2 to 8 per region for the metropolitan regions. Administrative Regions lack separate legislative authority and therefore cannot write their own statutory law. They levy their own taxes and, in return, receive a decreasing part of their budget from the central government, which gives them a portion of the taxes it levies. They also have considerable budgets managed by a Regional Corporative Council (Consiglio Corporativo Regionale) made up of representatives of several economic bodies appointed into office by central authorities. A region's primary responsibility is to build and furnish high schools and to provide a general coordination role in local (provincial and municipal) administration application; most of State administrations have their highest territorial echelons at the Regional level. In addition, regions have some discretionary power over infrastructural spending, public transit and assistance to business owners. This means that the heads of wealthy regions can be high-profile positions. By law, and due to the heavy corporatist characterization of their institutions, Administrative Regions have a range of functions in economic areas, which are carried out by regional institutions and not by the regional subdivisions of the State administrations or of the National Fascist Party. In local economic development affairs, the Region has a leading role within the guidelines fixed by the central government and with all due respect for areas of responsibility strictly of the Economy Ministry; the Region can also provide direct and indirect aid. In professional training and learning the Administrative Region also has a leading role in the definition of regional policy within the guidelines set by the central government and its implementation concerning recruitment and subsidized contracts favouring professional insertion. With regard to infrastructural development, the Administrative Region deals with regional transportation. The Region is also in charge for providing buildings, furniture and repairs to high schools; in conjunction with relevant central Ministries it manages local heritage, libraries and museums and locally focused tourism. It also handles regional parks. Government Commissioner The Government Commissioners (Italian: Commissari del Governo) represent the State in the regional territory. They are drawn from the prefectorial career and, according to established but informal practice, the office is given the same prefect of the regional capital. The Government Commissioner has functions of overall coordination of the provincial prefects, coordination functions of the administrative regions. The Government Commissioner receives and enforces guidelines for both the administrative activities of the Administrative Regions and the divisions of the State Administrations at regional level to ensure the unity of direction and the adequacy of the administrative action. He directs the collection of useful information for the performance of the functions of state and regional bodies, forming the terminal for compliance with the obligation of information in relations with regional authorities. The Government Commissioner report regularly to the Chief of Government on its activities, with particular regard to the coordinated implementation of state and regional programs. The Government Commissioner is appointed among Prefects First Class, administrative judges, State lawyers and State officials ranking at least Director General, by decree of the Duce, proposed by the Chief of Government, in consultation with the Minister of the Interior. Functions The Government Commissioner has functions similar but distinct from those of the Prefect. He represents the Region, directs the administration of the region and is responsible for, control, endorse and issue regional regulations. He has, therefore, at the regional level a role comparable to that of prime minister. The Government Commissioner submits to the regional council the proposed regulations and other measures of the initiative of the council, convenes and chairs the Executive Commission, defining the agenda, assigns functions to the Commissioners ordered organically and settle conflicts of jurisdiction between the Commissioners. The Government Commissioner is entitled to enter into contracts for the region. The Government Commissioner is regional health authority: in this capacity, can issue emergency ordinances against the law, with effect to the entire region or part of it including the most common, in the event of health emergencies and public health. In the presence of a delegation of the Government, the Commissioner may exercise the functions of authority public security: in Sardinia and in Sicily the Government Commissioner is tasked with the overall police coordination. Regional Executive Commission The Regional Executive Commission (It: Commissione Esecutiva Regionale) is the body of the Administrative Region tasked with support of the Government Commissioner in governing the Region. The Commission is in the employ of the Government Commissioner and comprises the Executive Commissioners. The Commission also deals with all the administrative interests of the territory which does not fall within the specific competence of other bodies. Moreover, the Commission as a body has to give his opinion on matters which it is required by the Government Commissioner for, as well as on the affairs for which it is required by law. Commissioners are appointed and dismissed by the Minister of Interior, in consultation with the Government Commissioner. Regional Corporative Council The Regional Corporative Council (Italian: Consiglio Corporativo Regionale) is the deliberative and representative body of each Administrative Region. The Council is an organ of the Region that has legal personality, autonomous regulations, its own budget and its own staff, separate from those of the Regional Executive Commission. The functions of the Regional Corporative Council are mainly regulatory functions: the Council carries out the functions and regulations regarding the matters of regional competence. The Council has the power to submit to Parliament draft laws for matters for which no competence, but which are relevant for the region. The Regional Councils are composed of a minimum of 20 to a maximum of 80 Councillors, as determined by individual decrees setting up, which in turn are based on population (1992 Regional Corporative Councils Act). The maximum number of Councillors is: * up to 20 for the regions with a population of up to one million inhabitants; * up to 30 for the regions with a population of up to two million people; * up to 40 regions with a population of up to four million people; * up to 50 regions with a population of up to six million inhabitants; * up to 70 regions with a population of up to eight million inhabitants; * up to 80 regions with a population of over eight million people. Councillors are nominated by regional corporations according to quotas set up by the Ministry of Fascist Corporations and Labour. Governorate of Rome The Governorate of Rome is a highly centralized organization, reporting directly to the Chief of Government. It allows to reconcile conflicts which hinder the development of the city. The Governor is assisted by two Deputy Governors and supported by 10 Rectors. Has also 80 Councillors (It: Consultori). The Governor and Deputy Governors are officials of the State belong to the Administration and Interior: the Governor is a Prefect, 1st Class, while the Deputy Governors are Prefects, 2nd Class. In the figure of the Governor are centralized all powers of administration and representation of the Governorate as well as those of municipal companies which, however, he could exercise with the delegation system. Rectors assist the Governor in establishing the organization of the different services and arrange for the study of issues or the preparation of projects to be submitted to the decisions of the Governor. The Governor, the Deputy Governors and Rectors constitute the "Magistrate of Rome". The Governor is assisted by the Secretary General and is subjected to some of the controls exercised by the ministerial authorities. Councillors are appointed by Decree of the Ministry of the Interior in consultation with the Ministry of Corporations, choosing from the triads proposed by the economic categories. The Rome Council (It: Consulta di Roma) has advisory functions, although it may require confirmation of an Order by the Minister of the Interior with an absolute majority vote. The opinion of the Council can be delivered on the following topics: budget, taxes and enforcement of the relevant regulations, zoning, direct recruitment of public services. Emblems The provinces, municipalities and the Governorate of Rome which wish to adopt a coat of arms, must submit an application to the Duce of the Republic. The granting of the Decree of the Duce is written in the Book of Arms of Italy, kept in the Central State Archive and recorded in the Office Honours and Heraldry. As regards the crowns, provinces, Municipalities awarded the title of City and the Municipalities shall be placed above the arms of the crown due to each. The chief of Lictor is a mandatory element in the coats of arms of local authorities. It is purple-red to golden Fasces surrounded by two branches of oak and laurel tied with a national colours ribbon. The chief of Lictor may also be granted to other entities and individuals, for eminent services rendered to the Country and the Duce. The Gonfalon consists of a rectangular cloth cm. 100 x 200, in the colour of one or of all glazes of the coat of arms. The cloth is suspended by means of a pivot to a movable rod covered with purple-red velvet, with tacks placed in a spiral, and ended at the tip by an arrow, which shows the coat of arms, and the name of the authority. The gonfalon is fringed and the coat of arms of the institution is depicted in the centre, with the name of the entity itself shown convex upward. The tie fringed consists of three-colour tapes. The metal parts of the banner are: silver for the coats of arms of the Municipality, golden for coats of arms of the province and the municipality awarded the title of City. Similarly, embroidery, beads, registration and spiral tacks should be silver for the coats of arms of the town, golden coat of arms of the province and the municipality awarded the title of city. Related voices * Prefect (Italian Social Republic) Category:Italy (Social Republic)